급성 약물중독 환자에서 위세척의 의료법학적 고찰 -대법원 2005.1.28, 2003다1419 판결을 중심으로-

배현아,Bae, Hyun-A 대한임상독성학회 2005 대한임상독성학회지 Vol.3 No.1

Gastric lavage is now known to be ineffective, unnecessary or hazardous in some circumstances where it used to be performed as a routine. This article concerns the medico-legal aspect of forced gastric lavage. The Supreme Court 2005.1.28, 2003da14119 is the case where a patient, who ingested the organophosphate insecticide to attempt suicide and refused lavage. At first we discuss the effectiveness or hazards of lavage because a very high degree of proof -of negligence, not error of clinical judgment - would be required. Lavage, with or without the informed consent, performed negligently which result in harm could, of course, give rise to a claim in negligence. A doctor might also be held negligent in failing to perform an act which he/she had a duty to perform.

다이설피람-에탄올 반응에 의한 저체온증 1례

배현아,어은경,Bae, Hyun-A,Eo, Eun-Kyung 대한임상독성학회 2004 대한임상독성학회지 Vol.2 No.1

Disulfiram (tetraethylthiuram disulphid) is used in the treatment of chronic alcoholism since it causes an unpleasant aversive reaction to alcohol. It works by inactivating hepatic aldehyde dehydrogenase, leading to pronounced rise in the acetaldehyde concentration when ethanol is metabolized. Acetaldehyde causes alcohol sensitivity, which involve vasodilation associated with feeling of hotness and facial flushing, increased heart rate and respiration rates, lowered blood pressure, nausea, headache. One of its metabolites, diethyldithiocarbamate (DDC) can inhibit the enzyme dopamine $\beta$-hydroxylase (DBH), this may account for the profound refractory hypotension and hypothermia seen with the disulfiram-ethanol reaction (DER), resulting from norepinephrine depletion. This report is presents the case of a patient we met, who presented with hypothermia caused by the disulfiram-ethanol reaction, and along with a brief review of the subject.

성희롱 피해자 보호를 위한 법적 조치 강화 방안 -건강권 보장 관점의 적용-

권문영 ( Kwon Mun-nyoung ),강민아 ( Kang Min-ah ),배현아 ( Bae Hyun-a ) 제주대학교 법과정책연구원 2016 法과 政策 Vol.22 No.2

This study examines issues, heretofore neglected, which have negative impacts on the health of victims of sexual harassment in South Korea. We review the current status of legal and institutional measures inteded to support victims in their recovery from sexual harassment, as well as the available assistance in he form of financial compensation. At the outset, in order to bring about increased attention to this issue, this study reviews current South Korean legal provisions, observes the extent to which these provisions actually overlook damage to victims’ health, and furthermore, how current practices aggravate damages to the victims. Next, after reviewing the European Union’s measures, as upheld by its member states, for the prevention of sexual harassment, the protection of its victims when it does occur, and corroborating regulatory health reports, this study lays out its proposed recommendations for the South Korean system. As for the improvements of measures to protect the victims of sexual harassment, first there needs to be a legal effort to define sexual harassment as a sub-category of harassment. Damage caused by the sexual harassment not only consists of mental and physical health violation but also additional damage caused by the act of bystanders and bullies blaming the victim rather than the perpetrator. Also the incident evokes violation of victim’s labor rights and their rights to learn where their lives become unstable. However, currently, Korea lacks a legal basis to protect such extensive damage of the victims. Therefore, by providing a legal basis for regulating the harassment is very effective in guaranteeing the right to health in a reactive approach to health damage caused by sexual harassment and a proactive preventive measure to ensure a safe living environment. Second, is to introduce the ancillary health system such as providing a therapeutic consultation and a leave system. In the case of sexual harassment, the moment when the violation happens, it causes both mental and physical health damage and there is a high chance of additional damage that can be caused by the community members where the victim resides. Thus providing a therapeutic consultation with the expert, separating victim and offender, and if the victim wishes, keeping the victim away from the community where the sexual harassment occurred is a way which can minimize other various damages. Thirdly, there is a need for expanding the criteria of injury in an industrial accident as a psychological trauma and comprehensively expanding the range of subject to vocational trainees, people who have applied for the position and employees whose contract has been terminated. Lastly, there is a need to actively raise issues about the structure of hierarchical gender system which perpetrates sexual harassment in Korea to create a healthy living environment where it could prevent the occurrence of sexual harassment.

응급 환자 진료에서 설명 의무와 환자 사생활 보호 의무가 상충될 때의 대처

배현아 ( Hyun A Bae ),이석배 ( Seok Bae Lee ),장혜영 ( Hye Young Jang ) 한국의료윤리학회 2007 한국의료윤리학회지 Vol.10 No.1

This article provides guidelines for obtaining informed consent in medical emergencies. Obtaining consent from patients in the emergency room can prevent appropriate and timely access to their evaluation and treatment. While mentally competent adults always have the right to consent, whether or not a minor has the right to consent depends up his or her mental capacity. As such, there is room for flexibility concerning the legal age for informed consent. After a judgment is made on the patient`s capacity for consent, the urgency of the situation should be considered. If medical treated is needed immediately, it should be provided, even if the patient is a minor. When there is enough time for getting consent, a physician should try to obtain consent from a patient or legal surrogate.

한국무용의 원류(原流)와 조형예술

배현아 ( Bae Hyun-a ) 한국무용연구학회 2018 한국무용연구 Vol.36 No.3

Goguryeo’s murals in ancient tombs, Baekje’s large incense burners, and Silla’s clay dolls are works of formative art to represent the period of the Three Kingdoms. They reflect the original sentiment and aesthetic sense to represent the dance of the three kingdoms, respectively. They granted symbolism to forms, types, and tastes of dance performed during the era according to their own aesthetic sense and expressed them in iconography. The formation of this communication and bond of sympathy demonstrates that dance was not restricted to a simple performance art but had a total symbolic system. As a result, the invisible artistic spirit that was considered to be unrecordable met a visible symbol, which allows people to check the truth today. Formative artists played important roles, especially in communicative relations, and their important roles were attributed to their artistic achievement in the implicative expression of dynamic and continuous expressions, and their complex delivery process of dance in a single static iconography. This effort is the representative symbol of the times where everyone could sympathize and the core of profound correlations that made the aesthetic sense of the times develop into the communion of the times.

우리나라 일부 병원에서 환자, 보호자, 의료진의 연명치료 중지 관련 의사결정에 관한 태도 연구

권복규 ( Ivo Kwon ),고윤석 ( Youn Suck Koh ),윤영호 ( Young Ho Yun ),허대석 ( Dae Seog Heo ),서상연 ( Sang Yeon Seo ),김현철 ( Hyeon Chul Kim ),최경석 ( Kyung Suk Choi ),배현아 ( Hyun A Bae ),안경진 ( Kyung Jin Ahn ) 한국의료윤리학회 2010 한국의료윤리학회지 Vol.13 No.1

A survey was conducted from September to December 2008 to examine the attitudes of patients, family members, and physicians toward the withdrawal of medical treatment for terminal patients and other related issues. The subjects for the study were 91 cancer patients, 96 family members of cancer or other terminally ill patients, and 140 physicians. Most subjects acknowledge the need for an appropriate regulatory framework for the withdrawal of treatment for terminal patients. However, some discrepancies were found among the different groups (patients, family members, physicians) in this study. Patients showed a stronger preference for the withdrawal of treatment than did family members. Also, most patients claimed they wanted to receive the diagnosis of a terminal illness from their physician, while most family members seem to think it is their own duty to convey such a diagnosis to the patient. Both groups prefer co-decision-making about the withdrawal of treatment over individual decision-making by the patient. However, most family members admit that they do not know much about the patient`s wishes and lack the time for sufficient conversation with the patient. Physicians are skeptical of the authenticity of the decisions made by family members, and some physicians also regard hospital ethics committees as being ineffective for resolving these issues. The results of this study paint a unique picture of clinical culture in Korea, where family members still exert strong influence on clinical decision-making and little information is shared between patients, family members, and physicians. The study points to a need for greater public education in Korea on the practical and ethical issues surrounding the withdrawal of treatment for terminal patients.

119 구급대 이용의 적절성에 관한 연구

배현아 ( Hyun A Bae ),유지영 ( Ji Yeong Ryu ),어은경 ( Eun Kyung Eo ),정구영 ( Koo Young Jung ) 대한응급의학회 2004 대한응급의학회지 Vol.15 No.1

각막기증 및 이식 활성화를 위한 법제 연구

배현아 ( Hyun A Bae ) 영남대학교 법학연구소 2010 영남법학 Vol.0 No.30

일개 농촌 면단위 지역 주민의 보건소 의료이용실태에 관한 조사

위자형,하은희,이선희,조희숙,김정연,김선희,배현아,Wie, C.H.,Ha, E.H.,Lee, S.H.,Jo, Heui-Sook,Kim, J.Y.,Kim, Sun-Hee,Bae, Hyun-A 한국농촌의학지역보건학회 1998 농촌의학·지역보건 Vol.23 No.2

This study was analyzed through the reports which published on the subject matter of Su Dong-Myun from 1994 to 1997 and the medical record of patient in Su-Dong Myun health subcenter. The result are as follow: 1. The number of population in Su-Dong Myun(study area) was 5,475 in 1994, 5,707 in 1995, 6,079 in 1996 and 6,253 in 1997. In composition rate of population, "65 and over" of age group only showed markedly increasing tendancy from 9.8% in l995 to 10.2% in 1997. However, the rest of all age group showed decreasing tendancy. 2. Annual utilization rate showed decreasing tendancy, such as 247 in 1994. 203 in 1995, 146 in 1996, and 140 in 1997 per 1000 population. But visiting time is increasing tendency, such as 3.1 in 1994, 2.8 in 1995. 2.4 in 1996 and 3.4 in 1997 per disease case. 3. Age specific annual utilization rate, all age showed decreasing tendancy in the age group of "0-14", "15-44" and "45-64", however showed increasing tendency in the age group of "65 and over" from 1994 to 1997. 4. The major disease were disease of Respiratory system. Gastrointestinal system. Musculoskeletal system and Connective tissue. Skin and Subcutaneous tissue and Circulatory system The disease of Musculoskeletal system and Connective tissue and Circulatory system are increasing.

삶의 질을 고려한 의료서비스 전달 수단의 변화와 법의 대응: 원격의료 대상 확대에 따른 법,정책적 문제를 중심으로

배현아 ( Hyun A Bae ) 법과사회이론학회 2015 법과 사회 Vol.0 No.50

Telemedicine is the use of technology to connect patients and healthcare providers from a distance, and it allows for accessible, efficient, cost-effective, and convenient healthcare. Recently, Korean Supreme Court ruled that a medical doctor issued prescription after consulting a patient via telephone rather than face to face examination is legitimate based on the interpretation of the Medical Service Act, Article 17 section 1. And The Korean Ministry of Health and Welfare had proposed expansion of remote medical treatments through pre-announcement of legislation and proposal of amendments thereafter. This study reviewed the concept and scope of telemedicine in the current Medical Service Act and the amendments contained in the recently announced legislation proposals. Furthermore, researched the necessary scope of telemedicine from the view of public health policy. Legislature on telemedicine should define the scope of telemedicine and the standards for the use of telemedicine to eliminate the uncertainties and risks such as telemedicine malpractice, informational privacy and to encourage the expansion of proper telemedicine use. It is necessary that to do so, the proper balance between maximizing the benefits of telemedicine and minimizing its risks.